15A NCAC 12H .0208. DESIGNATION OF NATURAL AREAS ON STATE LANDS

(a)  This Rule establishes procedures for designating Natural Heritage Areas on state lands that are administered by agencies other than the Department of Natural Resources and Community Development.  Procedures for designating such areas on department‑administered lands are set forth in this Section.

(b)  Sequence of action for designating and protecting other state owned Natural Heritage Areas is as follows:

(1)           The Natural Heritage Program shall evaluate natural areas on state lands and determine their qualifications as Natural Heritage Areas, based on consideration of the presence of exceptional, unique, endangered, or exemplary ecological and geomorphic resources, and based on the importance of a candidate site to the management, integrity, and viability of adjacent Natural Heritage Areas.  Natural Heritage Program staff will consult with the Department's Natural Heritage Advisory Committee for advisory opinions on the qualifications of sites, according to procedures for registration set forth in Rule .0204 of this Section.

(2)           Staff shall notify the secretary when a state owned site appears to qualify for recognition as a significant natural area.  The secretary will determine whether to recommend the site as a Natural Heritage Area.

(3)           If the secretary decides to recommend a site as a Natural Heritage Area, the secretary, or his designee, shall so notify the head of the principal state agency that administers the recommended site and the Director of the Office of State Property in the Department of Administration.

(4)           The secretary, or his designee, may request that the agency administering the recommended site:

(A)          enter into agreement to designate the site as a Natural Heritage Area and manage the site in a manner consistent with the maintenance and protection of significant natural resources; and arrange for the entry of the site on the Department's Registry of Natural Heritage Areas pursuant to procedures set forth in this Section;

(B)          enter into a cooperative management agreement whereby this Department assists in coordinated management of the site; or

(C)          transfer responsibility for management of the site to the Department of Natural Resources and Community Development.

(5)           If agreement to actions Subparagraphs (4)(A)and (4)(B) is reached, the Department of Administration shall be informed and provided with a copy of the agreement documents, for its approval or disapproval.

(6)           If agreement to action Subparagraph (4)(C) is reached the Department of Administration shall be consulted and requested to arrange for transfer of management responsibility.

(7)           If no agreement can be reached between this Department and the agency that administers the site, the secretary may ask the Department of Administration to review the site's qualifications as a Natural Heritage Area and to evaluate ways to use and manage the site that will promote and protect the natural heritage resources.  The secretary may also request the Department of Administration to allocate or reallocate land or certain interests in land to the Department of Natural Resources and Community Development for use and management.  A request to allocate or reallocate land will be made under the rules at 1 NCAC 6A .0400, et. seq.

 

History Note:        Authority G.S. 113‑3; 113‑8; 113A‑164.5; 113A‑164.8; 143‑341;

143‑342; 143A‑164.4;

Eff. March 1, 1983;

Amended Eff. October 1, 1984.